Legal Question in Family Law in Georgia
Contempt charges perjured
My ex-wife has charged me with contempt for not paying medical bills for which I sent her payment. I sent her a money order via certified mail that she refused. She received another non-certified letter from me stating that the money order was sent via certified mail. I know for a fact that she received this non-certified letter, because she forwarded it to her attorney and we received correspondence concerning it. So to wrap it up, she denied the certified letter that she knew contained payment for the medical bills and has now turned around and is trying to hold me in contempt for not paying the medical bills. Isn't that perjury? In Georgia, the oath signed by persons filing civil cases states, ''....deposes and states that the statements contained within.....are true and correct to the best of [her] knowledge and belief.'' How should I handle this on court date?
2 Answers from Attorneys
Re: Contempt charges perjured
Stop worrying about perjury and worry about the case against you. Step one is that an appropriate answer, and in some cases a counterclaim, must be filed in a timely fashion. Many cases are settled or mediated before the court date so the court date isn't a focus until the earlier steps have happened. To do step one (the answer and counterclaim) you need to meet with a lawyer well before 30 days from the date you were served.
Re: Contempt charges perjured
Your first order of business is to file a response to the petition. You should at least consult with a local attorney on this. Then, after the dust settles, talk to the local prosecutor about the issue of perjury. It may stick because she probably signed a notarized Verification attached to the Petition for Contempt.
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